FY24 HPE - BNJ_Redacted.pdf

JA-24-016

Justification for Exception to Fair Opportunity Brand Name FAR 16.505(a)(4)(i)

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), the U.S. Coast Guard (USCG) Command, Control, Communications, Computers, Cyber, and Intelligence Service Center (C5ISC), and C5I Contracting and Procurement, Alexandria (CG-9141) located at 7323 Telegraph Road Alexandria, VA 20598-7320 prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

The USCG intends to award a Task Order (TO) for brand-name Hewlett Packard Enterprise (HPE) hardware and software maintenance support, pursuant to FAR 16.505 (a)(4)(i), restricting items peculiar to one manufacturer. This brand name requirement will result in a Firm-Fixed Price (FFP) TO issued amongst authorized HPE resellers and service providers.

3. Description of Supplies/Services.

The USCG requires commercial brand name HPE hardware and software maintenance support to meet and sustain security requirements on the USCG network. Through this annual maintenance, the USCG receives technical support, security patch updates, and software release updates. The annual hardware and software maintenance renewal with period of performance Date of Award 1 Year and an estimated value of using FY24 funding.

4. Identify the exception to fair opportunity and supporting rationale. Justification for

Brand Name Exception to Fair Opportunity -

The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B). Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. This requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with FAR 16.505(a)(4).

HPE software and hardware is proprietary and is currently used throughout the USCG network infrastructure. The HPE annual hardware and software maintenance renewal must be purchased in order to keep the software up to date, receive security patches as they are released, and maintain hardware capabilities. No other brand can provide the proprietary software and hardware updates. If HPE maintenance is not utilized the software and hardware will not receive updates and will be vulnerable to cybersecurity threats and will not operate properly. Thus, the maintenance renewal is necessary to ensure the USCG can continue to meet the change management and configuration management mandates for all components that reside within its boundaries.

Due to the proprietary requirements, the contracting strategy that will provide the Government the best value is competing the brand-name HPE license and maintenance support renewal.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost will be fair and reasonable based on adequate price competition between two or more responsible offerors as there will be multiple authorized HPE resellers available on the government contract vehicle used. The Contracting Officer will also perform a price analysis to determine that the price at the time of award represents the overall best value for the Government and is fair and reasonable.

6. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

Currently, HPE hardware and software is proprietary and is on the USCG network. The availability of multiple vendors that can provide HPE brand name hardware and software ensures competition. The USCG will continue to monitor the marketplace and evaluate requirements on future contracting actions.

7.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Date

Contracting Officer

8. Technical/Requirements Personnel Certification.

data, which forms a basis for the justification, is accurate and complete.

Date

Technical Representative

05/09/2024

APPROVAL:

Date

Command Procuring Activity Advocate for Competition (CPAAC)